Edited by Toshiko Takenaka
Chapter 12: Resolving patent disputes in a global economy
This chapter discusses the mismatch between the global nature of patent exploitation and the territoriality of patent enforcement. Despite the increase in global trade in patented goods, it remains unclear how to bring finality to global disputes and avoid fragmented adjudication in multiple courts, inconsistent judgments and over- or under-enforcement. The chapter begins by considering various attempts litigants have made to use traditional legal practices to alleviate the problems posed by the territoriality of patent law extraterritorial application of local law, consolidation of foreign and domestic claims, and private agreements. It ends with a description of the alternative mechanisms available to national authorities: deep harmonization or an agreement on a procedural framework for coordinating multinational litigation and judgment recognition.
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